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The busyness of A&E departments up and down the country this winter, served as an indication of just how extreme our weather conditions have been. Thousands of people were hospitalised as a result of adverse weather conditions, ironically as a result of being safety conscious. Many of the people who ended up in casualty had opted to walk instead of taking the car, only to fall victim to a slip,trip or fall accident. Certain incidents were the result of local councils being ill-prepared for the terrible weather that was experienced. People having to navigate pavements that were not gritted, found themselves suffering injury. You might have experienced this yourself, but it may not be as easy as simply making a claim against your local council.
One solicitor, based in Chester, found it impossible to make a claim against the council on behalf of a client. It seems that proving that the council have been negligent in not gritting a pavement is no mean feat. It is far easier to make a claim if your weather related injury occurred on private land. A restaurant car park, for instance.
This is due to a law known as the ‘Occupiers’ Liability Act 1957’. This act basically puts private land owners under different strictures when it comes to making sure that road surfaces are ‘reasonable in all circumstances’. If you were to fall in such a place then the receipt of recompense would be far more likely.
The weather is far better than it has been previously, but this is Britain, and this is unlikely to last for any extended period. Therefore, try to be sagacious in relation to the footwear that you choose, and avoid going out in the bad weather unless it is a journey that cannot be avoided. |
